South Carolina Acceptance by Prospective Employee of a Job Offer
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FAQ
State-wide. California's ban prohibits private and public employers from seeking a candidate's pay history.
Note: Prior to 1998 this provision also restricted the reporting of criminal convictions, however that restriction was eliminated in 1998 retroactive to 1996, and the FCRA currently allows convictions to be reported without limitation. Other adverse information can be reported for only 7 years.
1. Can employers ask about my salary history when applying for a job? Employers in California cannot ask job applicants about their salary history. If an applicant asks, employers have to provide a salary range for the position.
You may need to be persistent, but do not back down. Do not, under any circumstances, disclose your current salary or your expected salary. This will set you up to get the best offer possible.
On a Job ApplicationNot all applications will ask for your desired salary, so if they don't ask, there's no need to give one. And if they do ask, keep things simple by saying something like salary is negotiable or salary may be discussed during the interview process.
Employers are free to ask you about your current and past salaries under federal law.
How many years back will a Background Check go? The Fair Credit Reporting Act (FCRA) which governs background checks nationally only allows for a review of the past 7 years.
The immunity laws generally provide protection from claims by former employees for defamation of character. Under South Carolina law, an employer is immune from civil liability for the disclosure of an employee's or former employee's dates of employment, pay level, and wage history to a prospective employer (S.C.
The Fair Credit Reporting Act (FCRA) has clear guidelines for conducting credit history checks and how far back screening can go. In most cases, screening can go back a maximum of seven years, but there are some exceptions to that rule. For example, previous bankruptcies can be reported up to 10 years back.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "BAN THE BOX ACT" BY ADDING SECTION 41-1-23 SO AS TO PROVIDE THAT NO JOB APPLICATION MAY INCLUDE QUESTIONS RELATED TO CONVICTIONS OF A CRIME, UNLESS THE CRIME FOR WHICH HE WAS CONVICTED DIRECTLY RELATES TO THE POSITION OF EMPLOYMENT SOUGHT OR THE